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HomeMy WebLinkAboutCLK 02-20Cfy ot DICKERING Report to Council Report Number: CLK 02-20 Date: July 27, 2020 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Electronic Participation for Council and Committee Meetings - Amendments to the Municipal Act, Bill 197 - File: A-1440 Recommendation: 1. That Report CLK 02-20 regarding Electronic Participation for Council and Committee Meetings, Amendments to the Municipal Act, Bill 197, be received; 2. That the draft By-law included as Attachment #1 to CLK 02-20 be enacted; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Bill 197, COVID-19 Economic Recovery Act, 2020, received Royal Assent on July 21, 2020. This Bill amended several Acts including the Municipal Act, 2001, S.O. 2001, c. 25 to allow a Member of Council, of a local board, or of a committee of either of them to participate electronically in a meeting, that is either open or closed to the public, on an ongoing basis. It does not stipulate that councils must meet in this way, but rather that they can choose to meet this way. Bill 197 also introduced a permissive inclusion to allow proxy votes subject to certain rules. These provisions must also be included in the municipality's Procedure By-law should Council wish to exercise them. Prior to COVID-19 and this new Bill, the Municipal Act included provisions for electronic participation however, they were restrictive and were not utilized by many municipal councils. Due to the COVID-19 pandemic, in March 2020, through the enactment of the Municipal Emergency Act, 2020, the Municipal Act was amended to allow municipal councils and local boards to meet electronically during a period when an Emergency was declared by either the Province or the municipality under the Emergency Management and Civil Protection Act , R.S.O. 1990, c. E.9. As both the Province and the City declared emergencies this past March, an amendment was adopted to the Procedure By-law to allow Committee and Council Meetings to be facilitated using a virtual meeting platform. Through this platform, meetings have been livestreamed to the public to ensure that the City is fulfilling open meeting requirements under the Municipal Act, and that the public has had the opportunity to delegate to Council via audio connection. Overall, it has been a very successful integration, and meetings have been carried out virtually in a manner that is as close as possible to in-person meetings. With the most recent amendments through Bill 197, electronic meetings can now continue on an ongoing basis. CLK 02-20 July 27, 2020 Subject: Electronic Participation for Council and Committee Meetings Amendments to the Municipal Act, Bill 197 Page 2 This Report is provided to inform Council of the new provisions available for electronic participation under the Municipal Act and to recommend amendments to the Procedure By-law to give effect to such provisions. Financial Implications: There are no financial impacts associated with implementing electronic participation in the Procedure By-law. Any financial implications associated with the technology being used to facilitate electronic meetings has already been approved in accordance with the City's Purchasing Policy. Discussion: Before the COVID-19 pandemic, Section 238 (3.1) of the Municipal Act included provisions for electronic participation, however, electronic participation was limited, to the extent that a member participating in this manner did not count toward quorum, and electronic participation was not permitted for in -camera meetings. The City of Pickering did not adopt these provisions, and Members of Council have always participated in Committee and Council meetings in person until COVID-19. When the Provincial emergency was declared, the Province amended the Municipal Act to allow Councils to meet electronically in order to comply with the Provincial and Health Orders that had been implemented to address the pandemic. The speed with which the legislation was enacted was precedent setting, and it was done to ensure that Councils could continue to conduct business during the pandemic. The amendments allowed Members of Council to participate in open and closed meetings electronically, and to be counted for the purposes of quorum, but they were tied to the declared emergency under the Emergency Management and Civil Protection Act. On March 23, 2020, City Council adopted amendments to the Procedure By-law to allow for electronic participation at Committee and Council meetings, and meetings have been facilitated using the Cisco Webex platform since that time. As the pandemic has progressed and the Province has begun to move all Regions into Stage 3 of the Provincial Re -Opening Plan, further amendments to the Municipal Act were presented through Bill 197. The Bill received Royal Assent on July 21, 2020 and provides for further amendments to the Municipal Act to allow electronic participation for Council and Committee meetings on an on- going basis. The use of the provisions are no longer tied to the declaration of an emergency. Until such time that the social gathering and social distancing measures are lifted, the use of these provisions will provide the necessary flexibility so that we can continue to conduct the business of the municipality, while ensuring that the public has access to participate in a safe and responsible manner. The provisions will also provide flexibility for Members, should medical or health concerns prohibit them from attending a meeting in person. The Act does not provide specific criteria for electronic participation. Instead, it allows these provisions to be included in the municipality's procedure by-law should Council so choose. To that end, amendments to the City's Procedure By-law are provided for Council's consideration and enactment, as included in Attachment #1 to this Report. The previous amendments made in March no longer apply and need to be repealed. The new provisions for electronic participation CLK 02-20 July 27, 2020 Subject: Electronic Participation for Council and Committee Meetings Amendments to the Municipal Act, Bill 197 Page 3 are proposed to be included under a section entitled "Electronic Participation". This section will provide the parameters for use of electronic participation by Council, staff and the public. It should be noted that COVID-19 has created a very unique circumstance for municipal councils, and most have been meeting electronically due to the Provincial Orders and efforts to control the spread of the virus. As the pandemic eases and we await a vaccine, there may still be situations that prohibit a Member from attending a meeting in person. These new provisions will provide flexibility in such cases, however, it is preferable for all Members to meet in person as much as possible to provide accountability and transparency in the decision-making process. Having all Members of Council present in person at a meeting provides a more cohesive, team approach to the proceedings, and more fully enables debate. That said, there may be circumstances where a Member needs to have the flexibility to participate electronically. Therefore, it is recommended that the use of electronic participation, for Members of Council, be used only for medical reasons, illness or in the event of a situation or pandemic where physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies. Should Council wish to not limit the use of electronic participation, these provisions may be removed and electronic participation could be used under any circumstances. There are no specific requirements under the legislation for the type of technology used for electronic participation. As noted earlier, the City's electronic meetings have been facilitated for all committees and Council using Cisco Webex, and that platform has proven reliable to effectively conduct Committee and Council meetings. As Council resumes in-person meetings, the Cisco platform will be integrated with an upgrade to the existing Council Chamber audio/video system to allow for a hybrid approach to Meetings. This will allow Members and staff to physically meet in the Chambers while providing livestream to the public and the ability for the public to delegate via audio, as has been the practice over the last number of weeks. It is recommended that this hybrid approach continue until such time that the social gathering and social distancing limitations are lifted and the public can physically attend meetings without restrictions. In order to comply with social gathering/physical distancing restrictions, the capacity of the Council Chambers should be limited to no more than 15 seats for the public. These limitations do not comply with our open meeting requirements under the Act, and the use of technology to provide livestreaming will reach a much broader audience. As Stage 3 progresses, and until such time that the restrictions are lifted and we fully reopen to the public to attend meetings at City Hall, it is recommended that the virtual platform be used for all committee, council and statutory public meetings in the hybrid model form. As time progresses, consideration may also be given to using the virtual platform to conduct community open houses. This new way of engaging the public has been widely accepted across Ontario municipalities and by the business sector throughout the COVID-19 pandemic, and has proven to be effective in most situations. This has become 'the new normal', a term that we have all become accustomed to. To that end, the Clerk's Office has been working with Facilities and Information Technology staff to implement the hybrid solution. Work will continue to have the hybrid system up and running as soon as possible so that Members of Council and staff can begin to meet in person. The adoption of the new provisions for electronic participation will provide the ability to continue to meet CLK 02-20 July 27, 2020 Subject: Electronic Participation for Council and Committee Meetings Amendments to the Municipal Act, Bill 197 Page 4 electronically until such time that the hybrid solution is fully in place. Staff are looking to have the upgrades completed in August, however, robust testing will be needed to ensure that the system is working as intended. Should there be any complications or adjustments needed, the use of fully electronic meetings may need to continue until September. In either situation, as noted earlier, members of the public will still be able to delegate into meetings remotely via an audio connection in the same manner that has been occurring over the last several weeks. As noted earlier in this report, Bill 197 also includes a permissive provision regarding the use of proxy votes. This provision allows a Member of Council to appoint another Member of the same Council as a proxy to act in their place when they are absent, subject to specific rules and in accordance with a process that is to be included in the Procedure By-law. Currently no such provisions are contained in the By-law, and with the implementation of electronic participation and the flexibility that this will provide to Members, proxy votes may not be needed at this time. Should Council wish to include proxy voting in the Procedure By-law, staff can bring forward another report and proposed amendments to the Procedure By-law for Council's consideration at a future meeting. Due to the enactment of Bill 197 and the potential need to continue to meet electronically, including the hybrid electronic meeting approach, staff are recommending that the proposed changes to the Procedure By-law as outlined in Attachment #1 be approved. Attachments: 1. Draft Amendments to the Procedure By-law 2. Schedule 12, Bill 197, An Act to amend various statutes in response to COVID-19 and to enact, amend and repeal various statutes Prepared By: Original Signed By: Susan Cassel City Clerk SC:sc Approved/Endorsed By: Original Signed By: Paul Bigioni Director, Corporate Services & City Solicitor Recommended for the consideration •of Pickering City Council Original Signed By: Marisa Carpino, M.A. Interim Chief Administrative Officer Attachment #1 to Report #CLK 02-20 The Corporation of the City of Pickering By-law No. xxxx/20 Being a By-law to amend By-law 7665/18, which governs the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings Whereas on July 21, 2020, Bill 197, COVID-19 Economic Recovery Act, 2020, an Act that in part, amended the Municipal Act, 2001, S.O. 2001, c. 25, received Royal Assent to provide the ability for a member of council, of a local board or of a committee of either of them, to participate electronically in a meeting to the extent and in the manner set out in the Procedure By-law; And Whereas, electronic meetings may be used for all, or some Members of Council, staff and the public where in-person meetings are not possible; And Whereas in order to be able to implement these provisions, Council must amend Procedure By-law 7665/18; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: That Section 09 of Procedure By-law 7665/18, as amended, be repealed and replaced with the following and the remaining sections of the By-law renumbered accordingly: 09 Electronic Participation 09.01 A Member of Council may participate electronically in a Meeting that is either open or closed to the public should they be unable to participate in person for medical reasons, illness or in the event of a situation or pandemic in which physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies, and in doing so may be counted in determining whether or not a quorum of members is present at any point in time and shall have all the rights of any other Member who is participating in person. 09.02 A Member of an Advisory or Ad -Hoc Committee may participate electronically in a Meeting that is either open or closed to the public and in doing so may be counted in determining whether or not a quorum of members is present at any point in time and shall have all the rights of any other Member who is participating in person. 09.03 The City Clerk may provide for electronic participation of staff at any Meeting, including the City Clerk. 09.04 Electronic meetings are those held by means of telecommunication instruments including but not limited to telephones, video conferencing, computers with internet access and conferencing platforms and programs. The means used to facilitate an electronic meeting shall be determined by the City Clerk. 09.05 A Member must provide sufficient notice to the City Clerk, their designate, or the Staff Liaison of a Committee, of their intent to participate electronically in a Meeting to ensure the proper technology is enabled to make electronic participation possible. The Member must give at least 48 hours' notice of their intent to join the meeting electronically unless extraordinary circumstances apply. 09.06 A member of the public may delegate via electronic participation due to a situation or pandemic in which physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies. 09.07 The City Clerk shall arrange for such delegations, and any members of the public who wish to make a verbal delegation to a Standing Committee or Council via electronic participation shall register with the City Clerk by noon on the business day prior to the Meeting for items listed on an agenda and ten (10) days in advance of the Meeting date for items not listed on an agenda. Delegates shall provide a phone number to be connected into the meeting via audio. Delegations who have not registered by the deadline will not be permitted to delegate. 09.08 Members of the public may also submit written comments in addition to, or in lieu of, a verbal delegation, by noon on the business day prior to the meeting. 09.09 Subject to these provisions for electronic participation, all other provisions of the Procedure By-law continue to apply and the Chair shall determine and maintain order as needed. By-law passed this 27th day of July, 2020. Kevin Ashe, Deputy Mayor Susan Cassel, City Clerk Attachment #2 to Report #CLK 02-20 59 SCHEDULE 12 MUNICIPAL ACT, 2001 1 (1) Subsection 238 (3.1) of the Municipal Act, 2001 is repealed and the following substituted: Electronic participation (3.1) The applicable procedure by-law may provide that a member of council, of a local board or of a committee of either of them, can participate electronically in a meeting to the extent and in the manner set out in the by-law. (2) Subsection 238 (3.2) of the Act is repealed. (3) Subsection 238 (3.3) of the Act is repealed and the following substituted: Same (3.3) The applicable procedure by-law may provide that, (a) a member of a council, of a local board or of a committee of either of them who is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time; and (b) a member of a council, of a local board or of a committee of either of them can participate electronically in a meeting that is open or closed to the public. (4) Subsection 238 (3.4) of the Act is repealed and the following substituted: Special meeting, amend procedure by-law re electronic participation (3.4) A municipality or local board may hold a special meeting to amend an applicable procedure by-law for the purposes of subsection (3.3). Same, quorum (3.5) A member participating electronically in a special meeting described in subsection (3.4) may be counted in determining whether or not a quorum of members is present at any time during the meeting. 2 The Act is amended by adding the following section: Proxy vote 243.1 (1) The procedure by-law may provide that, in accordance with a process to be established by the clerk, a member of council may appoint another member of council as a proxy to act in their place when they are absent subject to the following rules: 1. A member of a local council appointed as an alternate member of the upper -tier council under section 267 may appoint a member of the upper -tier council as a proxy to act in their place when they are absent from the upper -tier council. 2. A member who is unable to attend a meeting of the upper -tier council and for whom an alternate member is appointed under section 267 shall not appoint a proxy. 3. A member appointed as an alternate member of the upper -tier council under section 268 shall not appoint a proxy. 4. A member who is unable to attend a meeting of the upper -tier council and for whom an alternate member is appointed under section 268 shall not appoint a proxy if the appointed member is acting on their behalf at the meeting. Rules re proxy votes (2) The following rules apply with respect to the appointment of another member of council to act as a proxy under subsection (1): 1. A member shall not appoint a proxy unless the proxyholder is a member of the same council as the appointing member. 2. A member shall not act as a proxy for more than one member of council at any one time. 3. The member appointing the proxy shall notify the clerk of the appointment in accordance with the process established by the clerk. 4. For the purpose of determining whether or not a quorum of members is present at any point in time, a proxyholder shall be counted as one member and shall not be counted as both the appointing member and the proxyholder. 5. A proxy shall be revoked if the appointing member or the proxyholder requests that the proxy be revoked and complies with the proxy revocation process established by the clerk. 6. Where a recorded vote is requested under section 246, the clerk shall record the name of each proxyholder, the name of the member of council for whom the proxyholder is voting and the vote cast on behalf of that member. 7. A member who appoints a proxy for a meeting shall be considered absent from the meeting for the purposes of determining whether the office of the member is vacant under clause 259 (1) (c). 60 Pecuniary interest (3) A member who has a pecuniary interest described in subsection 5 (1) of the Municipal Conflict of Interest Act in a matter to be considered at a meeting shall not, if the interest is known to the member, appoint a proxy in respect of the matter. Same, pre -meeting discovery (4) If, after appointing a proxy, a member discovers that they have a pecuniary interest described in subsection 5 (1) of the Municipal Conflict oflnterestAct in a matter to be considered at a meeting that is to be attended by the proxyholder, the member shall, as soon as possible, (a) notify the proxyholder of the interest in the matter and indicate that the proxy will be revoked in respect of the matter; and (b) request that the clerk revoke the proxy with respect to the matter in accordance with the proxy revocation process established by the clerk. Same, post -meeting discovery (5) For greater certainty, if, after appointing a proxy, a member discovers that they have a pecuniary interest described in subsection 5 (1) of the Municipal Conflict of Interest Act in a matter that was considered at a meeting attended by the proxyholder, the appointing member shall comply with subsection 5 (3) of the Municipal Conflict of Interest Act with respect to the interest at the next meeting attended by the appointing member after they discover the interest. Conflict, etc., proxyholder (6) For greater certainty, nothing in this section authorizes a proxyholder who is disabled from participating in a meeting under the Municipal Conflict of Interest Act from participating in the meeting in the place of an appointing member. Regulations, proxy votes (7) The Minister may make regulations providing for any matters which, in the Minister's opinion, are necessary or desirable for the purposes of this section. Commencement 3 This Schedule comes into force on the day the COVID-19 Economic Recovery Act, 2020 receives Royal Assent.